Suite 2606, Kuntai International Plaza, No.12, Chaowai Street, Chaoyang District
ZY Partners is a boutique law firm in China with 19 years of expertise in Intellectual Property and related areas, such as Employment, Anti-Trust, Litigation and Arbitration. The key partners of our firm have excellent credentials and are well-recognized for delivering top quality service to our clients. The firm now has a team of over 50 experienced lawyers, patent attorneys and other legal professionals representing multinational corporate clients in cross border transactional and contentious matters.
IP Litigation and Enforcement
ZY Partners has a prominent IP litigation practice as a result of the remarkable track record of our lawyers over the past decade. We have secured our clients’ trust through successfully protecting and enhancing the value of our clients’ intellectual property rights in various jurisdictions in China. We are committed to serving the best interest of our clients through consistently workable solutions and out-of-box ideas and strategies. We perceive ourselves as reliable partners to our clients in solving the problems they deal with in China.
ZY Partners and our key partners have been nominated as PRC Leading IP Firm and Leading IP Individuals by Managing IP, Chambers Asia Pacific, IAM Patent 1000 and WTR 1000 since 2009, purely based on the firm’s solid track record.
Our firm has recognized experiences in conducting IP trials and appellate work in the areas of patents, copyright, trademark, unfair competition and trade secrets. All partners of the firm are experienced IP litigators, have been in the China IP circle for more than 15 years, and still vigorously litigating in Chinese courts nationwide to protect our clients’ interests in some very complicated situations. Quite a few of our partners, lawyers and paralegals had working experiences in courts or the SIPO. Their familiarity with court procedures and judges’ way of thinking has greatly helped case strategizing and preparation in the right direction and ensured the efficiency of our advocacy at court hearings.
With the support of technical background in various technical areas of our litigators, our litigation team has unparalleled experience and unique abilities in handling complex IP litigations and technology-related matters in China. Quite a few of the cases we have handled have been published as guiding precedents by the Supreme People’s Court, the Beijing High Court and courts in other parts of China.
ZY’s litigation team has sound records in litigating for multinational pharmaceutical companies against generics in China for infringement of patents involving compound, process and indication patents. We have obtained several preliminary injunctions in such battles, including the first preliminary injunction issued by Chinese court in favor of a foreign party in patent case in 2002. We have recently obtained two preliminary injunctions in Beijing in cases of infringement involving second indication patent. Our records of success also include triumphant defense for our clients in patent infringement cases raised by domestic companies or individuals.
We have notable trademark enforcement practice. Each year, our trademark team handles more than 100 cases in courts of Beijing, Shanghai and around the country. We have successes in obtaining from the Supreme People’s Court and courts in Beijing favorable recognitions or clarifications on some critical issues in trademark practice. Such issues include the similarity of goods/services, the likelihood of confusion, the recognition of well-known mark status, the protection of merchandising right and naming right.
We have handled a number of high profile copyright lawsuits including representing international music companies to sue the major Chinese search engines Baidu, Sohu and Thunders. We successfully defended our client against copyright infringement allegation by Founder, a Chinese technology company, involving the font of Chinese characters. We have helped our client in complex copyright infringement cases concerning software embedded in hardware devices.
ZY is experienced in helping our clients resolve disputes with the client’s former employees who established or joined a competing entity or with a company providing similar products in the same industry who was found affiliated with the client’s former business partner. We carefully strategize to best protect our clients’ rights in China. Pursuit for infringement of trade secret in China is hi-stakes, considering the heavy burden of proof on the part of the plaintiff, and the risks in further disclosure of trade secrets in the legal proceedings.
We have rich experience in anti-counterfeiting enforcement through customs border protection, criminal prosecution, administrative actions and civil actions. Our attorneys have for years been advising world famous brands and leading content companies to deal with complex counterfeiting and piracy problems.
We have a strong patent prosecution team with experienced lawyers and patent attorneys specialized in electronics, telecom, semiconductor, IT, mechanical engineering, solar/nuclear energies, bio-tech, pharmaceuticals and chemical engineering. We have rich experience in representing multinational clients in patent prosecution, invalidation and enforcement actions before the Patent Office, Patent Re-examination Board, courts and local IP Offices in China.
ZY Partners also manages trademark portfolios for multinational clients in variety of industries including apparel, fashion, cosmetic, pharmaceutical, industrial products, telecommunications, electronics, machinery, education, auto mobile, food and beverage. We regularly represent our clients in trademark oppositions and appeals at the Trademark Office, the Trademark Review and Adjudication Board as well as related judicial reviews in courts.
Thirteen of our talents have technical background in a diversity of technical areas, 6 of them are double-qualified attorneys-at-law and patent attorneys. Our patent litigators can well understand technical issues, and with their litigation skills, play a vital role in converting and simplifying technical details into subjects that can be easily delivered to judges with no technical background. In some sophisticated cases, we successfully presented technical issues by analogue illustrations.
We have close working relations with a few Chinese labs and appraisal institutes who can produce testing reports and expert opinions to form prima facie evidence for patent cases. In some patent lawsuits, our lawyers worked closely with experts to evaluate and perfect testing protocols. Even though such ex parte testing data and expert opinion may not be fully admitted by court, they can leverage to prevent a court appointed appraisal from prejudice.
ZY has rich experiences in effectively co-counseling with client’s patent attorneys who prosecuted the asserted patents, in patent infringement cases and associated invalidation cases. With their respective focuses, ZY taking lead on the litigation side and the patent attorney focusing on technology and invalidation part, such approach was proven effective.
Our attorneys frequently work with multinational companies and law firms in US and Europe on antitrust filings with the PRC Ministry of Commerce. We have advised on antitrust issues in connection with patent pool, industrial standards and distribution arrangements in multinational business concentration transactions.
We have been representing multinational clients to defend their rights in anti-trust private litigations in China. Such litigations involve essential standard patents in the telecommunication area, and the reservation of single digitals or letters for domain name registration by domain name registration organs. In patent litigations we have handled for multinational clients, anti-trust is always an important aspect considered during strategizing the lawsuits.
Employment and Regulatory
ZY Partners’ team includes very experienced lawyers in the area of employment/labor disputes. In particular, our attorneys with regulatory administrative background in government authorities provide valuable insight in forming strategic plans to enforce clients’ IP interests in China.
Our attorneys are frequently asked to advice on cross-border licensing in the areas of telecommunication and electronics. We have special expertise to advise our clients how to resolve technical and commercial complexities in the China business context. In addition, our attorneys’ experiences in standard formation and anti-trust related standard regulations and IP policies are proved particularly valuable for our clients.
Our attorneys are active in legislative consulting and administrative lobbying for purposes of enhancing the government’s perception for the significance of respecting and securing the interests of IP owners. Our partners have been substantially involved in drafting and commenting China's intellectual property laws and regulations. Two of our partners are members of the Expert Advisory Committee for IP Case Guidance Study (Beijing) Base of the Chinese Supreme People’s Court. Several of our attorneys are adjunct professors and lecturers at prestigious law schools in China. Our attorneys are also closely engaged in lobbying activities through foreign chamber of commerce or industrial associations, which provides us with unique positions to serve our clients at a full scale.
We emphasize team integration for clients’ litigation projects. Core members of the team are carefully selected with the most appropriate level of experiences for purpose of quality service. We recognize the challenges and expectations when our clients face difficult situations in China. The partners of ZY Partners are directly accountable for the quality of our performance and handle the matters in person, with full support from other team members. The leading partners of the team will fully participate in strategizing, implementing and court presenting processes with direct and efficient interaction with the associates.
Our lawyers are licensed to practice laws in China and have extensive experience in conducting litigations in all jurisdictions at all levels of the courts in China. The core team of the firm comprises senior lawyers having years of experience in judiciary branches or government agencies in China as well as lawyers who have worked in international firms or served foreign clients.
Most of the lawyers at ZY Partners have graduated from top law schools in China. Many of them have degrees in science and engineering fields, such as computing technology, bio tech and chemistry, and mechanics. Most of our lawyers are fluent in English, or other foreign languages, such as Korean.
ZY Partners is committed to growing and developing the team members at high standard of professional expertise and ethics. We fully recognize the aspirations of the new generation of legal professionals in seeking a fulfilled career experience. We enthusiastically support and encourage our lawyers to continuously build new skill sets to reliably deliver quality service to our clients.
Billing Policy and Fee Arrangement
We appreciate the importance of effective budgeting and cost control to our clients. We provide realistic fee estimates in response to the clients’ situation and requirements.
Our legal fees are primarily based on the amount of time spent on the legal matters and the level of experience of the lawyers involved. We will be pleased to provide you with our billing rates upon requests.
Our fees for professional services are exclusive of non-lawyer fees such as photocopying, communication and courier charges, translation costs, court filing fees, government charges, and travel and out of pocket expenses.
We issue our invoices on a monthly basis. If you have any specific requirements or arrangements in billings, we will be glad to discuss with you.